Part 10Miscellaneous

Part 10—Miscellaneous 70—Minister may declare amnesty from payment of costs, fees and charges (1) The Minister may from time to time declare an amnesty from the payment of the whole or any part of 1 or more of the following: (a) costs, fees and other charges under this Act; (b) costs, fees and other charges under Part 9 Division 3 of the repealed Criminal Law (Sentencing) Act 1988 (including costs and fees under Part 9 Division 3 of the Act as in force immediately before the commencement of section 11 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013). (2) An amnesty— (a) must be declared by notice in the Gazette; and (b) applies— (i) in relation to a debtor or alleged offender, or a class of debtors or class of alleged offenders; and (ii) to the extent, specified in the notice; and (c) is subject to the terms and conditions (if any) set out in the notice. (3) The Minister may vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette. 71—Power of delegation—approved treatment program manager (1) An approved treatment program manager may, by instrument in writing, delegate a power or function under this Act— (a) to a particular person; or (b) to the person for the time being occupying a particular position. (2) A power or function so delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act in a matter; and (c) is revocable at will. 72—Liability (1) No civil liability is incurred by the Crown, the Chief Recovery Officer or a public sector employee (within the meaning of the Public Sector Act 2009) in respect of the exercise, or purported exercise, of powers or functions under this Act. (2) A person— (a) to whom powers or functions under this Act are delegated by the Chief Recovery Officer; and (b) who is not a public sector employee within the meaning of the Public Sector Act 2009, does not incur any civil liability (other than a liability owed to the Crown) in respect of the exercise, or purported exercise, in good faith of those powers or functions. 73—Chief Recovery Officer may be assisted by others The Chief Recovery Officer or an authorised officer may, in the exercise of powers or functions under this Act, be assisted by such other persons (including a police officer) as the Chief Recovery Officer or authorised officer considers necessary in the circumstances. 74—Notice of determinations If the Chief Recovery Officer is required under this Act to give notice of an arrangement or determination to a person, the notice must— (a) be in writing; and (b) specify the basis for the arrangement or determination. 75—Service of notices etc (1) A notice, determination or other document required or authorised to be given or served under this Act may be given or served personally, by post or by transmitting it by email to an email address provided by the intended recipient to the Chief Recovery Officer (in which case the notice, determination or document will be taken to have been given or served at the time of transmission). (2) If the Chief Recovery Officer— (a) is required under a provision of this Act to give to or serve on a person a notice, determination or other document; and (b) is satisfied that— (i) reasonable steps have been taken to locate the person; and (ii) the whereabouts of the person cannot be ascertained, the following provisions apply: (c) subject to paragraph (d), the Chief Recovery Officer must instead publish details of the notice, determination or other document on a website determined by the Chief Recovery Officer (and on publishing such details the Chief Recovery Officer will, for the purposes of this Act, be taken to have given the person, or served the person with, the notice, determination or document); (d) if the person is a youth, is subject to a suppression order or is a protected person, the requirement to give the person, or serve the person with, the notice, determination or other document does not apply but— (i) the Chief Recovery Officer may cause details of the notice, determination or other document to be provided to the person by any other means reasonably available that do not involve public disclosure of the name of the person; and (ii) on providing such details the Chief Recovery Officer will, for the purposes of this Act, be taken to have given the person, or served the person with, the notice, determination or document. 76—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) prescribe, or provide for the calculation of, any costs, fees or charges for the purposes of this Act; or (b) exempt any person or class of persons from the obligation to pay costs, fees or charges so prescribed; or (c) prescribe penalties, not exceeding $5 000, for breach of, or non‑compliance with, a regulation. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Recovery Officer or another prescribed person. (4) The regulations may make provisions of a savings or transitional nature consequent on the commencement of any provisions of this Act (including provisions of a transitional nature modifying any provisions of this Act).